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Fort Smith Directors To Talk City Code Changes

Changes to city code are on the table following a director’s concern over Fort Smith’s current requirement to officially act on resident-led ballot petitions.

The amendments, up for discussion at Tuesday’s study session, were sparked at last week’s Fort Smith Board of Directors meeting. The board was presented with, and approved, an ordinance referring to a resident-driven ballot initiative for citywide automated trash collection.

“We’re going to talk about the item (At-Large Director) Kevin Settle brought up in Tuesday’s meeting about our municipal code that deals with initiatives and referendums,” City Administrator Ray Gosack said. “(Settle) had asked that we take out the requirement the board has to act on initiative petitions. There were some other changes we were needing to make to that section anyway. So we are going to review all of that at Tuesday’s study session.”

After last week’s vote, Settle requested the law that mandates the city’s involvement be examined.

“I don’t think the Board of Directors should have to vote on a citizen-led initiative petition in the future,” Settle said. “I think that needs to be fixed. If the city clerk says it’s sufficient, the Board of Directors shouldn’t have any say.”

Late last month, an initiative asking voters to support citywide expansion of curbside, automated trash service officially made the November ballot. The petition group, led by resident Joel Culberson, obtained the needed 2,822 signatures to get the issue on the ballot.

“It’s essentially to notify the Sebastian County Election Commission of the placement on the ballot,” she said.

Removing a vote by city directors is among several proposed changes.

“Several amendments are proposed whereby most are merely to ensure language is consistent with the Arkansas Constitution and applicable state statutes,” Gard wrote in a memo to directors. “The most significant amendments relate to extending the filing deadline when such deadline falls on a weekend or holiday, clarifying that the ballot title must be submitted as a separate document along with the petition, and eliminate any requirement for board action on petitions determined to be sufficient for placement on a municipal election ballot. In the event that a special election is required, the Board of Directors may be called upon to set the date for the special election.”

Directors will review the proposed amendments and draft ordinance at Tuesday’s study session, at noon at the Fort Smith Public Library, 3201 Rogers Ave.